<<Back

Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 174TELEMEDICINE
RULE §174.2Definitions

The following words and terms, when used in this chapter shall have the following meanings unless the context indicates otherwise.

  (1) Distant site provider--A physician or a physician assistant or advanced practice nurse who is supervised by and has delegated authority from a licensed Texas physician, who uses telemedicine to provide health care services to a patient in Texas. Distant site providers must be licensed in Texas.

  (2) Established medical site--A location where a patient will present to seek medical care where there is a patient site presenter and sufficient technology and medical equipment to allow for an adequate physical evaluation, as appropriate for the patient's presenting complaint. It requires a defined physician-patient relationship. A patient's private home is not considered an established medical site.

  (3) Face-to-face visit--An evaluation performed on a patient where the provider and patient are both at the same physical location or where the patient is at an established medical site.

  (4) In-person evaluation--A patient evaluation conducted by a provider who is at the same physical location as the location of the patient.

  (5) Medium--Any mechanism of information transfer including electronic means.

  (6) Patient site location--The patient site location is where the patient is physically located.

  (7) Patient site presenter--The patient site presenter is the individual at the patient site location who introduces the patient to the distant site physician for examination and to whom the distant site physician may delegate tasks and activities. A patient site presenter must be:

    (A) licensed or certified in this state to perform health care services or a qualified mental health professional-community services (QMHP-CS) as defined in 25 TAC §412.303(48); and

    (B) delegated only tasks and activities within the scope of the individual's licensure or certification.

  (8) Person--An individual unless otherwise expressly made applicable to a partnership, association, or corporation.

  (9) Physician-patient e-mail--An interactive communication via an interactive electronic text messaging system between a physician (or their medical staff and patients within a professional relationship in which the physician has taken on an explicit measure of responsibility for the patient's care.

  (10) Telemedicine medical service--The practice of medical care delivery, initiated by a distant site provider, who is physically located at a site other than the site where the patient is located, for the purposes of evaluation, diagnosis, consultation, or treatment which requires the use of advanced telecommunications technology that allows the distant site provider to see and hear the patient in real time.


Source Note: The provisions of this §174.2 adopted to be effective July 4, 2004, 29 TexReg 6088; amended to be effective June 29, 2006, 31 TexReg 5104; amended to be effective October 17, 2010, 35 TexReg 9085

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page